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Amendments to the appellate rules.

The Florida Supreme Court is considering amendments to Florida Rule of Appellate Procedure 9.310, Stay Pending Review, drafted by the Civil Rules Subcommittee of the Appellate Court Rules Committee. The amendments are supported by a minority (45-7) of the full committee and are in response to newly enacted section 45.045, Limitations on supersedeas bond; exception, Florida Statutes (2006). The court invites all interested persons to comment on whether the amendments should be adopted in light of section 45.045. The amendments being considered are reproduced in full below, as well as online at www. floridasupremecourt.org/decisions/proposed.shtml, along with the committee's out-of-cycle report. An original and nine paper copies of all comments must be filed with the court on or before May 1, with a certificate of service verifying that a copy has been served on Edward Maurice Mullins, committee chair, Astigarraga, Davis, Mullins & Grossman, P.A., 701 Brickell Avenue, 16th Floor, Miami 33131-2847, as well as a separate request for oral argument if the person filing the comment wishes to participate in oral argument scheduled in this case for September 2007. The committee chair has until May 21 to file a response to any comments filed with the court. Electronic copies of all comments also must be filed in accordance with the court's administrative order In re Mandatory Submission of Electronic Copies of Documents, Fla. Admin. Order No. AOSC04-84 (Sept. 13, 2004).

IN THE SUPREME COURT OF FLORIDA

IN RE: AMENDMENTS TO FLORIDA RULE OF APPELLATE PROCEDURE 9.310, CASE

NO. SC07-299

RULE 9.310. STAY PENDING REVIEW

(a) Application. Except as provided by general law and in subdivision (b) of this rule, a party seeking to stay a final or non-final order pending review shall file a motion in the lower tribunal, which shall have continuing jurisdiction, in its discretion, to grant, modify, or deny such relief. A stay pending review may be conditioned on the posting of a good and sufficient bond, other conditions, or both.

(b) Exceptions.

(1) Money Judgments. If the order is a judgment solely for the payment of money, a party may obtain an automatic stay of execution pending review, without the necessity of a motion or order, by posting a good and sufficient bond equal to the principal amount of the judgment plus twice the statutory rate of interest on judgments on the total amount on which the party has an obligation to pay interest. Multiple parties having common liability may file a single bond satisfying the above criteria.

(2) Reduction or Limitation on Bond Amount. Except in class actions subject to section 768.733, Florida Statutes, the amount of the supersedeas bond in subdivision (b)(1) is subject to modification as set forth in subdivisions (A) and (B) below:

(A) Reduction. A party seeking to stay execution of a judgment pending review may move the lower tribunal to reduce the amount of a supersedeas bond required to obtain such a stay. The lower tribunal, in the interest of justice and for good cause shown, may reduce the supersedeas bond or may set other conditions for the stay with or without a bond. The lower tribunal may not reduce the supersedeas bond if the party seeking a stay has an insurance or indemnification policy applicable to the case.

(B) Limitation. Regardless of the amount of the judgment appealed, the supersedeas bond amount necessary to obtain an automatic stay in any civil action shall not exceed $50 million for each appellant. The $50 million amount shall be adjusted annually for inflation as provided by general law.

(3) Protection for Party Opposing Stay. If a party seeking to stay execution of a judgment pending review has posted a supersedeas bond for an amount less than that required for an automatic stay under division (b)(1), the opposing party may engage in discovery for the limited purpose of determining whether the party seeking the stay has dissipated or diverted assets outside the course of its ordinary business or is in the process of doing so. If the lower tribunal determines that the party seeking a stay has dissipated or diverted assets outside the course of its ordinary business or is in the process of doing so, the lower tribunal may enter orders necessary to protect the opposing party, require the party seeking a stay to post a bond in the amount up to, but not more than, the amount required for an automatic stay under subdivision (b)(1), and impose other appropriate remedies and sanctions.

([begin strikethrough]2[end strikethrough]4) Public Bodies; Public Officers. [No change]

Committee Notes

[No change]
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Title Annotation:Notice
Publication:Florida Bar News
Geographic Code:1U5FL
Date:Apr 1, 2007
Words:770
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